Harm Reduction Club Constitutional Challenge

By
Dan Loehndorf
on January 1, 1998

Harm Reduction Club Challenge

In British Columbia, David Malmo-Levine of the Harm Reduction Club finally had his day in court for charges of trafficking. Malmo-Levine sold marijuana to anyone who wanted it, under the condition that they take a pledge to use it responsibly.

In his decision, Judge Curtis ruled that Malmo-Levine should serve a sentence of one year in the community, during which time he is to refrain from smoking or dealing marijuana. As a condition of his release into the community, Judge Curtis also ordered that Malmo-Levine “find a job”.

David Malmo-Levine explains that, “Judge Curtis’ decision to deny me a constitutional challenge was based on the assumption that the Charter of Rights only protects fundamental personal decisions. But to prevent scapegoating and genocide from ever happening again, one’s right to make unimportant decisions, to make lifestyle decisions, to take acceptable risks must also be protected. The harm principle, in Section 7 of the Charter, guarantees the right to life, liberty and security of the person, and not to be deprived thereof. Anyone engaged in a relatively harmless activity should be protected. Even if it’s picking your nose or scratching your ass.”

Because Malmo-Levine’s case was in the BC Supreme Court, it set a negative precedent for further constitutional appeals in BC which are based on Section 7 of the Canadian Charter of Rights.

Messages can be left for David Malmo-Levine care of Dan Loehndorf at Cannabis Culture: (604) 669-9069.